Refund Policy

GENERAL REFUND POLICY

This General Refund Policy (along with the specific booking / cancellation conditions set out in the offer and as outlined below) sets out the circumstances in which Cudo may provide refunds to our Members ("Member" or "you") in respect of an offer.

This General Refund Policy does not apply to flights and any flights purchased through Cudo (including those purchased as part of a package) are subject to the refund policies of the respective flight operator. See Flights for more information.

In addition, except as expressly set out in the cruise cancellation policy outlined below, cruises purchased through Cudo are subject to the refund policies of the respective cruise operators (please refer to the Fine Print of a package for more detail)

Introduction

It is noted that Australian Consumer Law (which is part of the Competition and Consumer Act 2010 (Cth)) provides for certain statutory guarantees, which cannot be excluded, restricted or modified by us. These warranties are in addition to any voluntary warranties provided by Cudo. Nothing in this Refund Policy affects your rights under the Australian Consumer Law or similar legislation regarding statutory guarantees to the extent those rights cannot be excluded.

Cudo will provide a refund where:

·       the cancellation terms of the specific offer (as outlined in the ‘Fine Print’ or the specific terms of the offer) expressly allow for a refund; or

·       prior to the redemption of the offer and during the validity period (as provided in the fine print of the offer) the provider of the offer ceases trading permanently or officially enters into administration or liquidation.

·       We are required by law to do so.

Circumstances that do not qualify for refunds

For the avoidance of doubt, the following are circumstances that DO NOT qualify for refunds:

·       where you have failed to read the Specific Terms and Conditions of the offer (located under 'The Fine Print' section in the Deal or as set out under the specific cancellation policies below), or the General Terms and Conditions; or

·       if you change your mind (except where such change of mind and request is within the required cancellation periods outlined in the relevant cancellation policy);

·       if you purchase a “Buy Now, Choose Dates Later” option and are unable to obtain your preferred dates or otherwise fail to make a booking by the required ‘book by’ period outlined in offer;

·       if you purchase a “Buy Now, Choose Dates Later” option, choose dates and then subsequently wish to change to other dates which are not available;

·       If you are a ‘no-show’ and/or fail to check-in on your booking date.

·       if the merchant on behalf of whom we are advertising the offer does not honour the terms of the offer because you have failed to present a booking confirmation on redemption; or

·       if you cannot redeem the offer prior to the end of the redemption period due to travel commitments; or

·       if you cancel a scheduled booking such that the cancellation voids the package in accordance with the merchant’s cancellation policy

·       if the Deal experience did not meet your general expectations (for whatever reason);

·       if you have had a dispute with the business on behalf of whom we are advertising the offer; or

·       if the Business does not have availability to redeem your package because you have not attempted to make a booking within a reasonable period of time (as determined by Cudo) from the expiry date;

·       if you have Cudo Credit and that Credit expires prior to you making a booking (see General Terms & Conditions for terms around Credits).

Force Majeure

For the purpose of this clause a “Force Majeure Event” includes (but is not limited to) means any act, event or cause including earthquakes, cyclones, floods, fires, lightening, storms or other acts of God, strikes or industrial disputes, riots, terrorist acts, civil disturbances, breakages of machinery, or industrial conditions, or arising out of any other unexpected and exceptional cause, delays in transportation and dispositions or orders of governmental authority (including, without limitation, as a result of novel coronavirus (COVID-19) (whether new or existing), which prevents a trip to commence, continue or be completed.

If your hotel or resort booking for a Limited Time Lux Exclusive package is cancelled or is not able to be taken due to a Force Majeure Event (as defined above), Deals will offer you a choice of:

·         a 100% Cudo credit in the amount paid for your purchase; or

·         a refund less any unrecoverable costs (including but not limited to cancellation costs or monies not able to be recovered from third party suppliers, marketing, production, content, finance and any other costs incurred to sell the package).

Any credit resulting from a cancellation under this clause:

·         Will have an expiry date of 1 year from the date of issue;

·         is not redeemable for cash;

·         excludes flights or the flight component of any package (which is subject to the specific terms and conditions offered by the carrier).

Otherwise, except as set out above, Cudo will not be liable for any loss or damage incurred or suffered by the Member (including but not limited to) any cost, expense or loss incurred or suffered in connection with the booking or flights associated with the booking.

Submitting a request for a refund

A request for a refund must be submitted via the form located on the Contact Us page of the Cudo Website. All Members requesting a refund will be required to provide full particulars as to why they are seeking a refund in accordance with this policy.

CUDO will verify

Cudo will verify the validity and veracity of some or all of the particulars of a request for refund by consulting with the relevant merchant responsible for fulfilling the offer. Cudo may also ask you (by phone or email) to provide additional information in relation to the refund request.

CUDO may refuse request

In circumstances where we believe that a request for a refund does not fall within the scope of this Policy, is misleading, incorrect and/or deceptive or is otherwise invalid, Cudo may, in its absolute discretion, refuse a refund request. Cudo is under no obligation to provide you with reasons as to why your request has been refused. Please note, any fraudulent refund requests will be immediately referred to the relevant authorities.

Refund to credit card

The refund will be credited to the Credit Card used to purchase the offer. Any refund provided by Cudo is in no way an admission of liability by or on behalf of Cudo or the admission of any other fact in connection with any act or omission which led to the request for a refund being submitted by the Member.

Change to policy

Cudo may change this Policy at any time at our absolute discretion by posting the revised policy on this Website. It is your responsibility to review the terms of this Policy regularly. Your continued receipt of our daily emails will constitute acceptance and acknowledgment of the terms of this Policy.

Contact information

Any feedback or questions regarding this Policy should be emailed to support@cudo.com and addressed to the and addressed to the Company Secretary.

Additional information

In addition to the General Refund Policy outlined above your right to a refund will depend on the specific cancellation policies relevant to the relevant product that you purchase.

EXPERIENCES

By purchasing a Cudo ‘Experience’ (Experience) you accept and agree to the terms of conditions of the relevant third party supplier (Supplier) for that Experience, including any cancellation, refund, change or no-show policy of the relevant Supplier. The terms and conditions of the Experience will be referred to in either the ‘Fine Print’ or ‘Cancellation Policy’ of the relevant experience on luxuryescapes.com and/or on the website of the Supplier.

Cudo will not under any circumstances be liable in connection with Experiences provided by Suppliers even where such experience is purchased from Cudo. Further, to the maximum extent permitted by law, you accept to discharge and hold harmless Cudo from any cost, expense, loss and/or liability or injury or death which you may incur or suffer in connection with the provision of the Experience by a Supplier.

 Voucher refunds

Upon receipt of your query, we will endeavor to contact the Vendor and resolve the issue on your behalf. If your query cannot be resolved, we will provide you a remedy in accordance with these terms and conditions and your statutory rights.

You will be entitled to a refund or rebooking or other remedy (in accordance with your statutory rights) when:

·       the Vendor fails to or cannot provide the goods or services within the validity period;

·       the goods or services supplied by the Vendor are not reasonably fit for the purpose described, not of acceptable quality, or the goods or services are materially different to what we advertised;

·       the goods or services are not provided within a reasonable time, taking into account the validity period of the voucher; or

·       we have chosen to withdraw the goods or services from sale.

We will only refund you, where you have made reasonable attempts to use your voucher during the validity period, and you can provide reasonable evidence of your attempts. All services promoted on the Website are offered by Vendors subject to availability. Neither cudo.com.au nor the Vendor is responsible where you are unable to redeem your voucher for reasons beyond our or the Vendor’s control, including where you are unable to redeem your voucher because, through reasons of your own, cannot meet available booking/redemption times. We will review each claim on a case-by-case basis in accordance with our refund policy.

Where an appointment or booking is cancelled for reasons beyond the Vendor’s control (including for bad weather or breakdowns), you must allow the Vendor opportunity to provide you with alternative booking times, subject to the availability of appointments and the terms of the voucher. If available within a reasonable period of time after the expiry of the voucher, the Vendor may provide you with a booking after the validity period. You will be entitled to a refund where:

·       your booking or appointment is cancelled by the Vendor consecutively more than 3 times within the validity period; or

·       if required, you are provided with an alternative booking or appointment outside the validity period, which is subsequently cancelled by the Vendor.

·       contact the Vendor within any advertised “Book By” date; or

·       make reasonable attempts to secure a booking during the validity period; your voucher will be void and non-refundable.

Expired vouchers are non-refundable. We do not allow refunds or returns for change of mind. If you are eligible for a refund you may choose to accept a store credit instead of a cash refund.

LIMITED TIME LUX EXCLUSIVE

Refund Policy

‘7-day change of mind guarantee’  Limited Time Lux Exclusive bookings (including ‘Buy Now, Choose Dates Later’ purchases) may be cancelled with a full refund provided that cancellation occurs strictly within 7 days from the date of purchase and provided that the cancellation is made no less than 14 days prior to the check-in date. See offer Fine Print for details.

Note if Qantas Points are used to make the purchase that is cancelled or required to be refunded then Cudo Credit will be issued.

Buy Now, Choose Dates Later

If you elect to buy a 'Limited Time Lux Exclusive' offer now but wish to book the particular dates at a later time you will be required to:

·       Log into Cudo (using your email address and password)

·       Click on the relevant deal

·       Select the “Buy now, choose dates later” option

·       You will get a confirmation email with details about the booking but no booking confirmation will be generated;

·       In order to book your trip you will need to go to the My Escapes/My account to Book the dates.

You will be required to produce a booking confirmation at check in. In the event that you forget, lose, misplace or have the confirmation stolen, you will be required to produce another copy of the confirmation. Neither Cudo, nor the merchant, shall be required to provide any refund or a replacement booking or product, in the event that you fail to produce a travel booking confirmation upon request.

Change of Date

You are permitted to make one (1) change to the date of your 'Limited Time Lux Exclusive' booking provided that such change is made no less than 21 days prior to the commencement of your original booking date and provided you choose dates which are of an equal value and are available on the Website. Any change to your booking date must be made on the Website and is strictly subject to availability.

If you book dates and subsequently wish to change them but are not able to due to lack of availability then you will be issued with a Cudo credit.

In order to check whether your 'Limited Time Lux Exclusive' package is eligible for a Change of Date, to check alternate dates and to change your booking you will need to follow these steps.

1.       Log into MY PURCHASES on the Website and click CHANGE DATES NOW (if available for your booking)

2.       Select your new dates (which must be available and of equal value)

3.       Click “Confirm Dates” to confirm your change of date

4.       You will then be sent a revised booking confirmation

LUX PREMIUM COLLECTION

Refund Policy

The specific cancellation policy for a ‘Lux Premium Collection’ offer is expressly set out in the offer.

Otherwise, the standard Refund Policy applies.

Cancellation policy

Cudo has agreed to specific Cancellation terms with each hotel, which will be set out in the offer.

By way of example, if the relevant offer has terms that allow cancellation 14 days prior to check-in then you would need to cancel your booking as follows.

·       14 Days prior to check-in

·       That is, cancel by 11:59pm (local time of property) 14 full days prior to the day of check in.

·       For Example, if you were due to check in 17 February, you would need to cancel by 11:59pm 2 February

Change of date

You are permitted to make a date change to Lux Premium Collection offers in line with the cancellation terms of each offer. Any change to your booking date must be made by calling the Cudo contact centre and is strictly subject to availability.

LAST MINUTE ESCAPES

Refund Policy

Due to the high demand and limited 7-day purchase period, bookings are guaranteed and non-refundable. Last Minute deals are guaranteed at the time of booking and are not refundable (except as required by law).

Change of Date

Given the limited availability and last-minute nature of bookings, date changes are not permitted once a Last Minute Escape booking is made.

LUX PARTNER PROPERTY

Please refer to Supplier Terms & Conditions

TOURS

Refunds

Tour bookings have a 7-Day Change of Mind ‘No Questions Asked’ Refund Guarantee. Bookings (except for cruise bookings and flights) may be cancelled with a full refund provided that cancellation occurs strictly within 7 days from the date of purchase provided that the cancellation is made no less than 120 days prior to departure. See offer Fine Print for details. Otherwise, the standard Refund Policy (as outlined in Terms and Conditions) applies.

Flights or Cruises purchased through Cudo, including those purchased as part of packages, are subject to the refund policies of the respective flight or cruise operator.

Date Changes

Free date changes are permitted within the 7-Day Change of Mind Refund Guarantee. After 7 days, date changes may be permitted for a fee as outlined in the offer Fine Print.

Cudo or our Trusted Tour Partner will advise if the change is confirmed via email and provide an invoice for the following, subject to fees from third party suppliers, air and rail travel and hotels (cabins on cruises).

Name Changes or Corrections

Name changes are permitted within the 7-Day Change of Mind Refund Guarantee by cancelling and rebooking. After 7 days, name changes may be permitted at a fee. Please contact Cudo or our Trusted Partner for more information.

CRUISES

Refund Policy

All cruises bookings have a 48-hour “Change of Mind Guarantee” where any monies paid within 48 hours of the initial purchase date will be refunded – no questions asked. Otherwise, any request for a cancellation or refund in respect of a cruise purchase will be subject to the refund policy of the relevant cruise operator, they key terms of which will be displayed in the ‘Fine Print’ of any offer.

Flights and accommodation purchased as part of Cruise packages and/or arranged by the cruise operator, are subject to the refund policies of the respective flight operator and accommodation supplier.

Date changes

Date changes are not permitted for Cruises.

Name Change or Corrections

Name changes are permitted within the 48-hour Change of Mind Guarantee by cancelling and rebooking. After 48 hours name changes may be permitted at a fee. Please contact Cudo or our Trusted Cruise Partner for more information.